In the past year, Proposition 47 has reduced the prison population by 27% and thousands of people have changed their records and lives.
Voters intended for the fiscal savings from this new approach to go to treatment and prevention programs.
But now the Governor wants to gut Prop. 47.
Prop. 47 is key to solving California’s prison crisis and to make smarter investments in our communities. The Legislative Analyst Office (LAO), a well respected fiscal policy agency, projected the savings from the implementation of Prop 47 to be $150 million in the last fiscal year.
However, Governor Brown has only allocated $29.3 million in his budget proposal.
This is unacceptable!
We must come together to ensure that Governor Brown restore funding for Prop. 47 services in his May revise.
Now it’s the time to put pressure on Governor Brown to honor the will of voters. Sign our petition today!
Karren Lane V. P. of Policy… Community Coalition
“I believe in Proposition 47 because I believe we are not the sum of the worst thing we have ever done.” In this powerful new video from Californians for Safety and Justice and FreeAmerica, John Legend talks about the impact Prop. 47 is having in the lives of everyday Californians as part of our #IHeart47 campaign. Learn more at MyProp47.org[p1vc-video]
Proposition 47, also known by its ballot title Criminal Sentences. Misdemeanor Penalties. Initiative Statute., was a referendum passed by voters in the state of California on November 4, 2014.
The measure was also referred to by its supporters as the Safe Neighborhoods and Schools Act. It redefined some nonviolent offenses as misdemeanors, rather than felonies, as they had previously been categorized.
Proposition 47 was a proposition in the state of California on the November 5, 2002 ballot. The official title was “Kindergarten University Public Education Facilities Bond Act of 200” The proposition passed with 4,138,826 (51%) votes in favor and 2,869,577 (49%) against. It was placed on the ballot by a vote of the state legislature on AB 1
The passing of California Proposition 47 resulted in a cost of about $22 billion over 30 years to pay off both the principal ($105 billion) and interest ($115 billion) costs on the bonds at a state level. This will consist of payments of about $873 million per year.
Several commentators contrasted Proposition 47 with the three strikes law that had been passed in California two decades earlier. Before the initiative passed, political science professor Thad Kousser said that it “would officially end California’s tough on crime era” if it was passed.
California voters passed Proposition 47, a law that changes certain low-level crimes like drug possession and petty theft offenses from potential felonies to misdemeanors.
This will reduce incarceration costs, and those savings will be invested (via grants) into drug treatment and mental health services for people in the criminal justice system, programs for at-risk students in K-12 schools, and victim services.
Individuals who are incarcerated for these offenses can seek a new (shortened) sentence, and individuals previously convicted of these felonies in California can seek to have them reclassified as misdemeanors. Individuals eligible for either resentencing or reclassification under Prop. 47 must file their applications/petitions within three years – by November 5, 2017.
Under Proposition 47 the following crimes committed in the state of California are now misdemeanors:
- Simple drug possession
- Petty theft under $950
- Shoplifting under $950
- Forging or writing a bad check under $950
- Receipt of stolen property under $950
Reclassification or Record Change Under Prop. 47
The Reclassification process is for individuals who are out of custody and no longer on probation or parole. No matter how old the conviction, you can apply to have it changed from a felony to a misdemeanor on your record (if the conviction was in a California court). Normally the process for reclassifying your record will not involve a hearing. Applicants should work with a lawyer or legal clinic to assist with the process.
To learn more about the process to change a felony to a misdemeanor, click here. (Individuals with previous convictions for rape, murder or child molestation or who are in the sex offender registry will not be eligible to get these felonies reclassified. Click here for a list of crimes that exempt individuals from reclassifying previous felonies.)
Californians for Safety and Justice has developed a toolkit that outlines the steps needed to apply for reclassification. To view the toolkit, click here.
Resentencing Under Prop. 47
The Resentencing process is for individuals currently serving a sentence for one of the eligible offenses. This can include serving a sentence in jail or prison, or being on parole, probation, post-release community supervision (PRCS), or mandatory supervision. Prop. 47 is retroactive, meaning people who are currently serving a sentence in jail, prison or on probation or parole for crimes that were changed by Prop. 47 may qualify for resentencing.
The process for getting resentenced will vary by county but will usually involve a hearing, and petitioners will generally be represented by an attorney. Click here for more information on the resentencing process.
Helping Individuals: A Fresh Start Under Prop. 47
Like any new law, multiple government agencies have a responsibility to carry out the law. Superior Courts will ensure that their county complies; law enforcement agencies will modify their booking, arrest and prosecution practices; and defense attorneys will appear on behalf of individuals seeking new sentences.
Community-based organizations and legal services providers will play a critical role in outreach and implementation to ensure that individuals eligible under Prop. 47 receive the counsel and support they need to take advantage of this new law.
Californians for Safety and Justice is working with state, local and community partners to coordinate these efforts, share information and advance the effective implementation of Prop 47.
To read the official language of Proposition 47, click here.
To read Californians for Safety and Justice’s official statement on the passage of Proposition 47, click here.
Read more from the California Department of Rehabilitation and Corrections here.
Should certain felons be allowed to scream, “Free at last! Free at last! Thank God Almighty I’m free at last!” ?
We here at South LA. For Prop. 47 have aligned our operations with services and resources that can HELP you are a family member take advantage of Proposition 47 and clean up your past felony convictions IF YOU QUALIFY!
Use the contact form below or call us for an appointment at: 323-674-4376 and let us get the process started for you![contact-form-7 id=”33″ title=”Contact form 1″]